Other conditions decisions — 2015

The Veteran's exercise induced myositis of the idiopathic myopathy type with elevated CPK and extensive vacuolization does not meet the criteria for a rating in excess of 10 percent.

The Board has ordered the VA to obtain additional medical records and conduct further development before deciding on the appellant's claims for service connection for the cause of the Veteran's death and Dependent's Educational Assistance under 38 U.S.C. Chapter 35.

The Veteran's claim for special monthly compensation based on the need for aid and attendance or being housebound has been dismissed due to her death.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to service connection for an arachnoid cyst, which was previously denied due to lack of evidence showing a link between the condition and military service. The Veteran's statements indicate he had symptoms in service that continued until diagnosed as an arachnoid cyst.

The Board has remanded the case for additional development, including obtaining relevant VA treatment records and scheduling a VA psychiatric examination. The Veteran's claim of entitlement to an increased rating for his service-connected specific phobia associated with epididymitis, right, with atrophy right testicle disability is pending.

The Veteran's appeal is being remanded for additional development, including a VA examination of his right upper extremity nerves and updating the claims file with relevant treatment records.

The Board dismissed the appeal due to the Veteran's death, as it has no jurisdiction to adjudicate the merits of this case.

The Veteran's cysts of the tongue, back, and neck, as well as a lung nodule, were not shown to be related to service or exposure to Agent Orange. His heart conditions are not linked to his military service.

The Board found that the overpayment of $5,812.97 was not properly created due to administrative error by VA and thus dismissed the appeal as moot since there is no longer an overpayment.

The Veteran's claims are being remanded for additional development, including obtaining medical records and conducting a VA examination to assess the severity of his service-connected right knee strain.

The Board of Veterans' Appeals (BVA) found that the appellant's income was properly calculated for purposes of determining entitlement to improved death pension benefits, leading to a denial of her appeal.

The Board has determined that an apportionment of the Veteran's VA benefits on behalf of his minor child was denied and has ordered a remand for further action.

The appellant is a veteran for purposes of basic eligibility for VA benefits, and the appeal is granted.

The Board has ordered a remand to obtain medical records and verify the information provided in the VA examination report. The appellant's claim for DIC under 38 U.S.C. § 1151 is currently on hold until these steps are completed.

The Veteran's request for a waiver of overpayment was denied because it was not filed within the 180-day period following notification of the debt.

The Board has determined that the appellant was properly reimbursed for two LAC tests, but improperly charged two months of her education entitlement. The decision grants reimbursement of the two full months of education entitlement.

The Board has determined that the Veteran's private hospitalization on July 3, 2012 for abdominal pain was rendered in a medical emergency of such a nature that a prudent layperson would have reasonably expected that delay in seeking immediate medical attention would have been hazardous to life or health. The nearest VA facility was not feasibly available at the time due to geographical distance and the severity of her condition.

The Veteran's left shoulder disability, characterized by impingement, labrum tear, and long head biceps issues, is currently rated at 30 percent under the musculoskeletal system rating criteria. The condition limits motion to a point midway between side and shoulder level.

The Veteran's unauthorized medical expenses incurred on October 31, 2012 at the Ocala Regional Medical Center were denied because there was no emergency condition requiring immediate treatment and VA facilities were available.

The Board of Veterans' Appeals (BVA) has determined that the appellant's mother may be recognized as the Veteran's surviving spouse for the purpose of burial in a VA National Cemetery, and her remains are granted to be interred with the Veteran's.